Experienced Sales Leader Fired After Company Learned His Age, Federal Agency Charges

GREENVILLE, S.C. - A 47-year-old sales leader with experience in the textile industry was unlawfully fired by Indian Land, S.C., textile manufacturer Keer America Corporation because of his age, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a recently filed lawsuit.

According to the EEOC's suit, Keer America fired Scott Gamble during his second week of employment. The EEOC said that Gamble was offered a job by the company's human resources generalist on April 18, 2015, and began working for the company on April 27. The EEOC charged that the plant manager ordered the human resources generalist to rescind Gamble's job offer prior to his starting work after the plant manager saw Gamble's driver's license and learned of his age. The human resources generalist refused to rescind Gamble's job offer. On May 8, the plant manager fired Gamble.

Such alleged conduct violates the Age Discrimination in Employment Act (ADEA), which prohibits employers from discriminating based on age. The EEOC filed suit in U.S. District Court for the District of South Carolina, Rock Hill Division (Equal Employment Opportunity Commission v. Keer America Corporation) after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks back pay for Gamble along with liquidated damages and injunctive relief to prevent future discrimination.

"People who are age 40 and over are fully capable of being productive workers," said Lynette A. Barnes, regional attorney for the EEOC's Charlotte District Office. "Employers must remember that they cannot consider age in hiring selections or other employment decisions."

The EEOC, which enforces the ADEA, is observing that law's 50th anniversary this year by paying special attention to the ongoing problem of age discrimination, including a June 14 Commission meeting on the subject.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.